Friday, February 3, 2012

Case Holdings That Make Me Mad

United States Ninth Circuit, 02/01/2012GECCMC 2005-C1 Plummer Street Office L.P. v. JPMorgan Chase Bank, N.A., No. 10-56219In a suit alleging breach of lease agreements that the defendant bank assumed after it purchased a failed bank's assets and liabilities from the FDIC pursuant to the terms of a written purchase and assumption agreement, the district court's grant of the bank's motion to dismiss is affirmed, where under federal common law, the plaintiff lacked standing to bring suit under the agreement because it was not an intended third-party beneficiary of the agreement. Read more...

Where was her attorney, AWOL, ffs? WTF! Plus, turning down an offer in compromise is not supposed to affect the final outcome in a suit such as this.

In a wrongful termination suit that the plaintiff lost and after which the defendant filed a memorandum of costs, the trial court's order denying the plaintiff's motion to tax those costs is affirmed, where the costs were properly calculated and awarded in all respects, and Code of Civil Procedure section 998(c) gives the trial court the discretion to award expert fees to the defendant, regardless of whose witness the expert is, if the plaintiff fails to obtain a more favorable judgment or award after rejecting an offer to compromise. Read more...

A legally protected entity claims stupidity and wins...

California Court of Appeal, 02/02/2012Lewow v. Surfside III Condominium Owners' Ass'n, Inc., No. B230595In a case in which judgment was entered in favor of a condominium association on a complaint for failure to perform its duties, against a plaintiff who subsequently filed for Chapter 13 bankruptcy, the trial court's award of attorney's fees to the association is affirmed, where: 1) although the motion for fees was not timely filed, there was good cause for the delay, as it was understandable that the association was mistaken on the complex and debatable issue of whether the bankruptcy stay tolled the limitations period; and 2) although the trial court's articulated rationale for granting the fees was erroneous, its acceptance of the association's tolling argument was tantamount to a finding of good cause based on mistake. Read more...

Company goes bankrupt to avoid paying legally contracted wages

United States Fourth Circuit, 02/02/2012Gentry v. Siegel, No. 10-2418In bankruptcy proceedings in which former employees of the debtor filed claims for unpaid overtime wages, the district court's judgment affirming the bankruptcy court's denial of a Rule 9014 motion and its refusal to allow the claimants to pursue class actions is affirmed, where: 1) the bankruptcy court was within its discretion to rule that the bankruptcy process would provide a process superior to the class action process for resolving the claims of former employees; 2) notice of the bankruptcy process to the named claimants was not constitutionally deficient; and 3) with respect to unnamed claimants, the named claimants lacked standing to challenge the notice. Read more...

Hypatia of Alexandria

Hypatia of Alexandria (Greek: Ὑπατία; born between 350 and 370 CE – 415 CE) was a Greek scholar from Alexandria in Egypt, considered the first notable woman in mathematics, who also taught philosophy and astronomy. She lived in Roman Egypt, and was killed by a Coptic Christian mob who blamed her for religious turmoil. She has been hailed as a "valiant defender of science against religion", and some suggest that her murder marked the end of the Hellenistic Age.

A Neoplatonist philosopher, she followed the school characterized by the 3rd century thinker Plotinus, and discouraged mysticism while encouraging logical and mathematical studies.

Hypatia was the daughter of Theon, who was her teacher and the last known mathematician associated with of the Musaeum of Alexandria. She traveled to both Athens and Italy to study before becoming head of the Platonist school at Alexandria in approximately 400 CE. According to the Byzantine Suda, she worked as teacher of philosophy, teaching the works of Plato and Aristotle. It is believed that there were both Christians and foreigners among her students.

Although Hypatia was herself a pagan, she was respected by a number of Christians, and later held up by Christian authors as a symbol of virtue. The Suda controversially declared her "the wife of Isidore the Philosopher" but agreed she had remained a virgin.

Hypatia maintained correspondence with her former pupil Bishop of Ptolomais Synesius of Cyrene. Together with the references by Damascius, these are the only writings with descriptions or information from her pupils that survive.

The contemporary Christian historiographer Socrates Scholasticus described her in his Ecclesiastical History:There was a woman at Alexandria named Hypatia, daughter of the philosopher Theon, who made such attainments in literature and science, as to far surpass all the philosophers of her own time. Having succeeded to the school of Plato and Plotinus, she explained the principles of philosophy to her auditors, many of whom came from a distance to receive her instructions. On account of the self-possession and ease of manner, which she had acquired in consequence of the cultivation of her mind, she not unfrequently appeared in public in presence of the magistrates. Neither did she feel abashed in going to an assembly of men. For all men on account of her extraordinary dignity and virtue admired her the more.http://en.wikipedia.org/wiki/Hypatia_of_Alexandria

About Me

Ms. LaRosa (her nom de plume) aka Deborah Lagutaris is a grandmother of three, a mother of two, and a recent graduate of a top-tier law school. She put herself through college and law school after she held responsible positions for 30 years in banking, real estate brokerage, and real estate lending.